Evansville City Council rejects request to allow medical practice in home

EVANSVILLE - An Evansville physician's request to have a part-time practice in his mansion at 4000 Washington Ave. next to St. Mary's Medical Center was defeated Monday by City Council.

The proposed rezoning for Dr. David W. Johnson and his wife, Phyllis, lost 6-3 after lengthy testimony from supporters and opponents who packed the council chamber.

Johnson, 68, is moving into semi-retirement and planned to practice no more than three days per week in a space on the property covering about 2,000 square feet, his attorney, Steve Bohleber, told City Council.

Johnson is certified in is physiatry, a practice that involves treating patients with chronic pain with medication and therapy. Bohleber said Johnson left his full-time practice on 350 W. Columbia St. and is donating his office condominium there to the Deaconess Foundation.

Tom Bodkin, an attorney for neighbors opposed to the rezoning, pointed to the city's comprehensive plan for zoning which calls for the area to remain fully residential.

Numerous medical facilities are on nearby Professional Drive, linking Washington and Covert avenues, and Bodkin suggested that Johnson could locate there if he still wants to see patients on a part-time schedule.

Johnson "will get a tax deduction (on the Columbia property), move to Washington Avenue and ruin property values if you let him," Bodkin told the City Council.

Bohleber presented testimony from William Bartlett, a real estate appraiser, that the special use for a medical office at 4000 Washington would have "no effect whatsoever" on nearby property values. Neighbors fighting the rezoning disagreed, and so did City Councilman Dan McGinn, R-1st Ward.

McGinn noted the city's comprehensive plan and said the approval of one special use permit for the neighborhood could trigger requests for many others.

"I don't want to be the first one to knock down the dominoes," McGinn said. "This neighborhood is not changing … It's a beautiful neighborhood with beautiful homes. My job is to make sure government doesn't do bad things to people."

McGinn also said Washington Avenue does not need additional traffic the part-time medical practice would bring.

Some patients of Johnson argued in favor of the rezoning. McGinn and others said their argument against the measure was not based on Johnson or his medical practice, but rather the location.

The three City Council members who supported the rezoning were John Friend, D-5th Ward; Missy Mosby, D-2nd Ward; and Jonathan Weaver, D-At-Large. The rezoning request fared better with City Council than the Area Plan Commission, which earlier this fall recommended its defeat in a 12-0 decision.

"We did a lot of due diligence," Area Plan Commission member Marty Amsler told City Council.